Subpart DDDDDD—National Emission Standards for Hazardous Air 

Pollutants for Polyvinyl Chloride and Copolymers Production Area 

Sources

Source: 72 FR 2943, Jan. 23, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11140 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a 

plant specified in 40 CFR 61.61(c) that produces polyvinyl 

chloride (PVC) or copolymers and is an area source of hazardous 

air pollutant (HAP) emissions.

(b) This subpart applies to each new or existing affected 

source. The affected source is the collection of all equipment 

and activities in vinyl chloride service necessary to produce 

PVC and copolymers. An affected source does not include portions 

of your PVC and copolymers production operations that meet the 

criteria in 40 CFR 61.60(b) or (c).

(1) An affected source is existing if you commenced 

construction or reconstruction of the affected source before 

October 6, 2006.

(2) An affected source is a new source under this subpart 

if you commenced construction or reconstruction of the affected 

source on or after October 6, 2006 but prior to the effective 

date of publication of the final rule in the Federal Register. 

An affected source that commences construction or reconstruction 
on and after the effective date of publication of the final rule 

in the Federal Register is not subject to this subpart and is 

required to comply with subpart HHHHHHH of this part.

(c) This subpart does not apply to research and development 

facilities, as defined in section 112(c)(7) of the Clean Air Act 

(CAA).

(d) You are exempt from the obligation to obtain a permit 

under 40 CFR part 70 or 40 CFR part 71, provided you are not 

otherwise required by law to obtain a permit under 40 CFR 

70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous 

sentence, you must continue to comply with the provisions of 

this subpart.

(e) Each affected source that commences construction or 

reconstruction on and after the effective date of publication of 

the final rule in the Federal Register is required to comply 

with subpart HHHHHHH of this part by the compliance dates 

specified in subpart HHHHHHH. On and after the compliance date 

specified in subpart HHHHHHH of this part that applies to your 

affected source, the requirements in §63.11140(d) and §§63.11141 

through 63.11145 of this subpart do not apply to the affected 

source.

§ 63.11141 What are my compliance dates?
(a) If you own or operate an existing affected source, you 

must achieve compliance with the applicable provisions in this 

subpart by January 23, 2007.

(b) If you own or operate a new affected source, you must 

achieve compliance with the applicable provisions in this 

subpart by the dates in paragraphs (b)(1) and (2) of this 

section.

(1) If you start up a new affected source on or before 

January 23, 2007, you must achieve compliance with the 

applicable provisions in this subpart not later than January 23, 

2007.

(2) If you start up a new affected source after January 23, 

2007, you must achieve compliance with the provisions in this 

subpart upon startup of your affected source.

Standards and Compliance Requirements

§ 63.11142 What are the standards and compliance requirements 

for new and existing sources?

You must meet all the requirements in 40 CFR part 61, 

subpart F, except for 40 CFR 61.62 and 40 CFR 61.63.

Other Requirements and Information

§ 63.11143 What General Provisions apply to this subpart?

(a) All the provisions in 40 CFR part 61, subpart A, apply 

to this subpart.
(b) The provisions in 40 CFR part 63, subpart A, applicable 

to this subpart are specified in paragraphs (b)(1) and (2) of 

this section.

(1) §63.1(a)(1) through (10).

(2) §63.1(b) except paragraph (b)(3), §63.1(c), and 

§63.1(e).

§ 63.11144 What definitions apply to this subpart?

The terms used in this subpart are defined in the CAA; 40 

CFR 61.02; 40 CFR 61.61; and §63.2 for terms used in the 

applicable provisions of part 63, subpart A, as specified in 

§63.11143(b).

§ 63.11145 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the 

U.S. EPA or a delegated authority such as a State, local, or 

tribal agency. If the U.S. EPA Administrator has delegated 

authority to a State, local, or tribal agency, then that Agency 

has the authority to implement and enforce this subpart. You 

should contact your U.S. EPA Regional Office to find out if this 

subpart is delegated to a State, local, or tribal agency within 

your State.

(b) In delegating implementation and enforcement authority 

of this subpart to a State, local, or tribal agency under 40 CFR 

part 63, subpart E, the approval authorities contained in 

paragraphs (b)(1) through (4) of this section are retained by 
the Administrator of the U.S. EPA and are not transferred to the 

State, local, or tribal agency.

(1) Approval of an alternative means of emissions imitation 

under 40 CFR 61.12(d).

(2) Approval of a major change to test methods under 40 CFR 

61.13(h). A “major change to test method” is defined in §63.90.

(3) Approval of a major change to monitoring under 40 CFR 

61.14(g). A “major change to monitoring” is defined in §63.90.

(4) Approval of a major change to recordkeeping/reporting 

under 40 CFR 61.10. A “major change to recordkeeping/reporting” 

is defined in §63.90.